Double Perception of E-Commerce Transactions According to Islamic Economic Law and Law No. 11/2008

Abstract

The rapid development of information technology has significantly accelerated the growth of e-commerce as a dominant form of modern trade. Despite its benefits, e-commerce also presents challenges, including product discrepancies, disputes between buyers and sellers, issues of contract validity, transaction transparency, and consumer protection. This study examines e-commerce transactions from the perspectives of Islamic Economic Law and Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). Particular attention is given to the limitations of verification in online transactions, which may create elements of gharar (uncertainty) and affect the validity of contracts under Sharia principles. The study also explores consumer protection provisions under Articles 28 and 45 of the ITE Law regarding misleading information in electronic transactions. Using a normative juridical approach, this research analyzes relevant legal regulations, concepts, and literature. The findings reveal that e-commerce transactions are permissible under Islamic Economic Law when they adhere to the principles of transparency, honesty, and adequate verification. Furthermore, the ITE Law provides legal certainty and safeguards consumers against potential losses arising from digital transactions. The study concludes that integrating Sharia principles with national legal frameworks is essential to establishing a secure, fair, and trustworthy e-commerce environment that supports sustainable digital economic growth.